Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 36A, Drugs and Cosmetics Act, 1940, Section 18(A), 18(C) -- Default bail - Contraband - Accused already remained in detention for more than 8-1/2 months - He is not involved in any other case under NDPS Act - Trial of case is likely to take a considerable time..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 61, 85 -- Bail - Recovery of 70 injections of Pheniramine Maleate 10 ml Avil and 70 injections of Buprenorphine Rexogesic 2 ml each - Petitioner is in custody for more than 2 years - He is not involved in any other case - Whether condition of existence of any..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 2 kg 520 gm charas - Independent witnesses supported prosecution case - They do not dispute existence of their respective signatures on sealed cloth parcels - Recovery effected from bag of accused along with their identification documents - Contraband recovered from exclusive ownership and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20(b)(ii)(c) -- Recovery of 2 kg charas - Appeal against conviction - Accused acquitted on following grounds: (i) No evidence that recovered contraband was kept intact in malkhana; (ii) personal search of accused not conducted before a Magistrate or any Gazetted Officer and there is no consent letter of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 53 -- Contraband - Officer of NCB - Officers invested with powers to investigate offences under NDPS Act are `Police Officers' for the purpose of S.25 of Evidence Act - Attracting protection given u/s.25 of Evidence Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 53, 67 -- Recovery of contraband - Confessional statement - Admissibility - Since Officers investigating offences u/s.53 NDPS Act are `Police officers' - Therefore, confessional statements made before these officials will be inadmissible in evidence...........
Criminal Procedure Code, 1973, Section 173, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Inquiries and investigation under NDPS Act - Non-applicability of S.173 Cr.P.C. to NDPS Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 1 kg 230 gms charas - Independent witness declared hostile - In cross examination he admits to having duly perused the contents of the documents before having signed them and not under any police pressure - He independently stated that vehicle of accused was stopped, his consent was taken, a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 1 kg 230 gms charas - Testimonies of police witnesses, PW2 and PW5 unequivocally stated that polythene bag was inspected only after independent witnesses had arrived - There might be some confusion over timing of removal of other substances, but such trivialities are not material - Accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 1 kg 230 gms charas - Quantum of sentence - Quantity recovered exceeds definition of commercial quantity - Sentence of 2 years R.I and a fine of Rs.50,000 as awarded by High Court held, proper...........
